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Top Drug Paraphernalia Lawyers
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
Chicago Possession of Drug Paraphernalia Attorney
Have you been arrested for the possession of drug paraphernalia in Chicago? Contact the Kostopoulos Law Group for immediate legal assistance. Our Chicago drug crime attorneys can help you fight any criminal charges you may face. The state of Illinois will aggressively prosecute any drug-related crimes, including those for possession of paraphernalia.
At the Kostopoulos Law Group, our Chicago defense attorneys are committed to helping you minimize the consequences of your arrest. Our team, led by former Assistant State’s Attorney Gus Kostopoulos, have over 30 years of combined legal experience. During this time, we successfully handled all criminal matters, including those for possession of drug paraphernalia. We understand how a criminal conviction can change your future and will fight to secure the best possible outcome in your case. Our aggressive approach keeps the prosecution on their toes and prevents them from building a strong case against our clients. This often results in getting the charges reduced or dropped altogether. Contact us today to find out how we can help you with your criminal case.
Illinois Drug Paraphernalia Possession Laws
Subtitle
The Illinois Drug Paraphernalia Control Act makes it a crime to knowingly possess any items that are used for the unlawful manufacture, sale, or use of a controlled substance. In other words, it is a crime to possess tools that help you make, sell, or use illegal drugs in Illinois. You can face criminal charges for the illegal possession of drug paraphernalia even if you are not in possession of any illegal drugs. However, possession of paraphernalia charges generally accompany more serious drug possession charges.
What is Paraphernalia?
The Illinois Drug Paraphernalia Control Act (720 ILCS 600/1) defines paraphernalia as “all equipment, products and materials of any kind” that “are intended to be used unlawfully’ in the:
- Planting
- Propagating
- Cultivating
- Growing
- Harvesting
- Manufacturing
- Compounding
- Converting
- Producing
- Processing
- Preparing
- Testing
- Analyzing
- Packaging or repackaging
- Storing
- Containing
- Concealing
- Injecting
- Ingesting
- Inhaling, or
- Otherwise introducing an illicit substance into the human body.
The drug paraphernalia laws apply to any paraphernalia used in conjunction with cannabis or another controlled substance made illegal in the Cannabis Control Act, Illinois Controlled Substances Act, Methamphetamine Control and Community Protection Act, or Illinois Food, Drug, and Cosmetic Act.In simpler terms, paraphernalia is any tool that aids in the creation, distribution, or use of a controlled substance in violation of Illinois law.
Examples of Paraphernalia
When you hear the word “paraphernalia” your mind probably generates images of pipes, bongs, and needles. Paraphernalia, however, is broadly defined to include many instruments and tools associated with controlled substances. Examples of paraphernalia that, if found in your possession, could trigger criminal charges include:
- Scales
- Plastic baggies
- Isomerization devices
- Diluents and adulterants used to cut products
- Water pipes
- Carburetion devices
- Cocaine spoons and viles
- Chillums
- Testing equipment, and
- Grow lamps.
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I was facing multiple charges of Domestic Battery , had 3 warrants issued for my arrest and had these stupid charges weighing on me for 6 years, not wanting to face the music. I finally got picked up and with 6 small children at home, there was NO WAY I could afford to have jailtime. Joe listened and asked crucial questions and from the start he told me he would get it dismissed. I was skeptical to say the least. I paid him in 2 payments (he is super flexible) and then waited after the holidays for final court date. Completely dismissed. He will not give you false hope. He is honest, real and the ONLY person I want in my corner. HE IS WORTH EVERY PENNY! Don’t have someone else give you the runaround as most attorneys do. Save yourself the BS and GO WITH JOE !!!
– Christina S. | March 2019
“I could not be more pleasedand thankful.”
Please read this before you look for another lawyer!! First off, I want to say I am writing this review not because someone asked but because I am so beyond grateful and impressed to have had this group defending me in the court of law. I have never had such exceptional customer service and treated as if I were a high-end long time client. They made me feel like my case was just as important to them as the next. Their articulate steps were given to me in the very beginning to go over what was to be expected and what their goal was. Their rather diligent and speedy efforts to resolve my case couldn’t have been dealt with any better as my case could have gone south real quick. I trusted this group to take full control, let them do their work and they delivered with an outcome I was not expecting. I could not be more pleased and thankful as well as appreciated their flexibility with my payments (that was more than affordable for the hard work they did) as I was in a tight bind at the time. Thank you Joe, Rosemary and everyone else in between who have helped along the way! Your efforts were not unrecognized and I wish your group the best in the future to come! Lets just hope I don’t have to go through this again. If so I’m calling you back!!
– Mareena G. | January 2020
“He was able to dismiss my case and expunge this legal problem off my record.”
I came into some trouble with the law and being my first ever having to hire a lawyer was difficult. When a good friend of mine told me about Joe at Kostopoulos Law Group I had a good feeling about him. Around the time I came into some trouble with the law I was in the process of enlisting for the United States Marines. This court case was stopping me from going any further with my plans of enlisting. I brought the case to Joe and let him know my situation. He was able to dismiss my case and expunge this legal problem off my record. Joe cleared it all up for me and I had little to no worries. I HIGHLY recommended Joe from Kostopoulos Law Group. He will put your mind to ease and take care of your legal trouble. Joe is a very down to earth guy, respectful man, and super friendly. Thank you Joe for taking care of my case I really appreciate it.
– Jonathan G. | November 2019
“Gus, Joe and Rosemary helped in getting my case dismissed.”
Words cannot describe how grateful I am to Joe and Gus. It is very hard to find a dedicated sincere attorney like Joe. Even if anyone calls their number in the middle of the night, Joe will be there to answer and hear your case for sure. Just like that, few months ago, I got into a very unfortunate circumstance. My wife was worried sick didn’t know what to do, called the Kostopoulos Law firm in the middle of the night, since then, Joe is been supporting me till the case got completely dismissed. Gus, Joe and Rosemary helped in getting my case dismissed. Words are enough to express my gratitude and appreciation for their sincere dedication and hard work. They went above and beyond to make sure I understood what was happening and what needed to be done to get the case completely dismissed and expunged. To say my experience with the Kostopoulos Law group was pleasant would be the biggest understatement. I am forever thankful to them both. If you happen to find yourself if legal troubles I highly recommend the Kostopoulos Law Group.Thank you Gus, Joe and Rosemary!!
– Imran Q. | May 2019
Drug Paraphernalia Possession Penalties in Chicago
Possession of Paraphernalia
In most cases, you will face Class A Misdemeanor criminal charges if you are found to be in possession of drug paraphernalia in Chicago. A Class A Misdemeanor is punishable by one year in jail and $2,500 in criminal fines. Judges also have the authority to require the completion of mandatory substance abuse counseling and order a term of probation.
Illinois’ stance on marijuana and marijuana-related crimes is changing. While the drug is still illegal, the state’s marijuana laws are becoming more relaxed. If you are found to be in the possession of a small quantity of marijuana (< 10 grams) and marijuana paraphernalia, you will likely only be issued a citation and required to pay a small fine.
Criminal charges will be aggravated if you are in possession of drug paraphernalia and are believed to have the intent to sell a controlled substance.
Sale of Paraphernalia
It is also a crime to offer any drug paraphernalia for sale in Chicago. In most cases, you will face Class 4 Felony criminal charges if you sell or hold paraphernalia with the intent to sell for commercial purposes. This Class 4 Felony is punishable by 1-3 years in prison and $1,000 in fines for each item sold or held for sale.
Selling to a Minor: If you sell or deliver drug paraphernalia to person under the age of 18, the crime will be elevated to a Class 3 Felony. This Class 3 Felony is punishable by 2-5 years in prison and $25,000 in fines.
Selling to a Pregnant Woman: If you sell or deliver drug paraphernalia to a woman that you know to be pregnant, the crime will be elevated to a Class 2 Felony. This Class 2 Felony is punishable by 3-7 years in prison and $25,000 in fines.
Defending Drug Paraphernalia Possession Charges
Even though most drug paraphernalia possession charges are only charged as misdemeanors, a conviction can still change your life in unexpected ways. The best way to reduce the chances of this happening is by asserting a powerful defense. Any defense that you argue should help to explain or justify your alleged behavior. Defenses that may be helpful in your Illinois drug paraphernalia possession case include:
- You were not knowingly in possession of paraphernalia
- You did not have actual or constructive possession of the paraphernalia
- You have been falsely accused, or
- You were the victim of an unlawful search and seizure.
At the Kostopoulos Law Group, our Chicago drug crime attorneys will thoroughly investigate your case and make sure that your Constitutional rights have not been infringed. If law enforcement officers have violated your rights we will demand that any evidence that has been tainted by misconduct is thrown out immediately. When the state does not have evidence to support their case, they will be forced to offer a favorable deal or drop the charges in their entirety.
Experienced Chicago Drug Paraphernalia Attorneys
Are you facing criminal charges for the possession of drug paraphernalia in Chicago? Contact Chicago criminal lawyer Gus Kostopoulos today to request a free consultation. If you are convicted for possession of paraphernalia you face time behind bars, steep fines, and a future saddled with a criminal record.
Having a criminal record will make it difficult to do things you once took for granted, like finding a job or renting an apartment. As a former prosecutor, Gus Kostopoulos knows how to help you avoid these life-changing consequences. It is important to get started on your defense quickly, so do not hesitate to call today.
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